On Idea Of Financial Law

Finance as the core of modern economy, can improve the efficiency of resource allocation for the community and to increase their wealth. However, the capitalization of a modern economy and one-sided operation mode is also inevitable to bring some negative effects. From the alienation of financial and economic, dependence on individual rationality, financial fairness ignored, leading to such disparity, poverty, hunger, conflict of interest and the financial crisis, and many other social problems. As a result, many scholars began to reflect modern economic conditions, financial development and the link between social justice issues, actively seeking to narrow the social gap between rich and poor, to achieve equitable distribution of social benefits way out. And how changes in the financial and improvement of the legal system to achieve social justice issue is the financial legal research should focus on one of the important issues. Although human subjectivity and individual rationality as the basis for building a modern financial legal system, promoting awareness of the primacy of law, individual freedom, equal rights, judicial independence, knowledge of procedural justice, for human society, "Disenchantment" and rational technology has played an invaluable role, but it is also the main center and rationalism led to the proliferation of individual freedom, human social relations, tensions, making social injustice intensified. All of these negative effects on financial law, have led us back to square one, re-thinking the formulation of financial law, motivation, goals, philosophy should be the question of what. It is in the market economy under the conditions of financial laws to reflect the modern nature, prompting the pursuit and realization of this financial concept of justice as the Finance Act study of central themes.Chapter I From the philosophical implication of idea, idea of law and development as well as the idea of financial law meaning, properties, composition to interpret the basic meaning of t the idea of financial law. In reviewing the concept of development and evolution of the idea, based on concept of the idea is not only the people's expression of objective things and phenomena of rational knowledge, which is a reflection of the human right to pursue the ideal of the good things, is a practical guide action of the supreme criterion. It includes the objective world of human epistemology and methodology of rational thinking, but also the value of human existence and objectives of their own ideals of human reason and the ideal collectively. Under studying the study of Chinese and foreign scholars on the idea of law, this article point out that the idea of law is based on people's desire for sublime ideals, through the evolution of law in the history of human society, the role of perceptual and rational reflection, and that the law should have the ultimate trait or attribute. The ultimate character of idea of law is the justice. Then from the epistemology, methodology, axiology, ontology aspects and connotations of the analytical concept of financial laws, pointing out that financial justice is the essence of the idea of financial laws.Chapter II From the foundation of the modern financial system that the economic, political, philosophical basics, pointed out that the financial legal system is a product of the times and the result of socio-economic development in the modern society. Followed by the establishment of the market economy system, the evolution of the financial legal system since the logic and history to be reviewed, pointing out that the theory of economic liberalism and state intervention is to promote the modern financial system for change. Modern financial legal system in promoting individual freedom and economic growth, inevitably leads to financial alienation, the negative impact of the wealth gap, while the paradox of modernity is the leading source of the plight of the financial system. Pointed out that the assumption of rational economic man is not perfect, limited rationality of human society, the objective existence of the facts, it is the theory of subjectivity and rationalism of the over-reliance on the social consequences, constitute the concept of financial law era of motivation.Chapter III To discuss the resource of theory and the practical significance of the legitimacy of the idea of financial law. The humanistic philosophical foundation, financial ethics, economic justice, law and justice are the theoretical basis of the idea of financial law. Then from a practical point of view, pointing out that the establish of the idea of financial law has to overcome the paradox of modernity of the financial system, the advantages of achieving financial freedom and control, and financial efficiency and equality go beyond coordination. Only the idea of financial law will be able to enjoy real freedom, real equality, the efficiency of well-balanced order, realization of individual rights and interests of the community interaction to achieve, "to give each person what their deserve".Chapter IV Discussing the idea of financial law from the perspective of epistemology and methodology. Pointed out that in the context of modern society, the idea of financial law studies, need to address the premise of the question. On the restructuring and criticizing of the understanding conditions of the financial behavior that the rule by law, based on how they can recognize the idea of justice, and what extent and the scope to knowledge is an effective agenda. While inspecting the epistemology of empiricism and rationalism, the financial justice should be based on the financial needs of different social groups and their understanding to financial justice, following from perceptual knowledge to rational thinking process, this two can be neglected. As the research method selection of the idea of financial law, should be basing on the interpretation of the Individualism methodology and the Holism methodology, pointing out the methodology of idea for the financial law.Chapter V From studying the theory of justice on the human society to explore the idea of financial law. Because we live there are in fact social inequality, research on financial justice became a social themes of people's attention. Justice is not only an ethical issue, more a society's basic structure. Under the conditions of modern society, it should be equitable distribution of basic civil rights on the basis of finance, and the non-basic rights of the individual shall be allocated as a benchmark to ensure equal access and opportunities. It should be give lopsided compensation to"those who benefit the least"implement"differential treatment"the economic benefits and opportunities. Among them, protect people's livelihood should be the primary objective of the idea of financial law, that is to protect citizens the right to subsistence and development in the first place in the financial sector, through reasonable arrangements the different levels of financial justice, to achieve social harmony is the ultimate aspirations of the idea of financial law.Chapter VI The possibilities of Justice reached consensus on the idea of financial and the consensus reached by the procedural requirements of the idea of Finance. Because of human that livings in the same community have interest contact and value in common, through the establishment of the public domain, opening, freedom and equality procedure they can be formed on the consensus of financial justice. The constitutional system that realizing the idea of financial laws is intended to provide the democratic procedures for the financial consensus, to provide the protection for the financial rights of human rights, to provide the legal guarantees for the provision of financial authority.